MJACMJAC

Midland Joint Advisory Council for Environmental

Protection Founded 1928

Contaminated Land Update

27th March 2015Worcester

mark.cox@worcsregservices.gov.uk T. 01527 881392

• C4SL Dec 2013 for 6 substances

• Concern over whether suitable for use in planning

• Were C4SL worthwhile?• SAGTA proposals Jan of

deriving ~50 C4SL2• Principals that s4u in

planning

Category 4 Screening Levels

Category 4 Screening Levels

• CIEH position statement (from July 2014) and concern on use of minimal risk for toxicological criteria by Committee on Toxicology and Carcinogenity.

• DCLG state Defra published a policy companion document considering the use of ‘Category 4 Screening Levels’ in providing a simple test for deciding when land is suitable for use and definitely not contaminated land. Planning Practice Guidance updated 12 June 2014 on Planning Portal.

• Defra published further guidance in September 2014 on the suitability of use for planning.

Category 4 Screening Levels

• Internal Guidance note 1 – C4SL Dec 2014 produced by YHPAC.

• explains pertinent changes in government policy with introduction of C4SLs in 4 pages;

• explains there are opposing views and which aspects this relates to.

• Key policy decisions of YHPAC:

– Any new C4SL derived should be peer reviewed

– Careful justification required where multiple GACs exceeded close to C4SL due to additive effects.

– Encourages initial screening against minimal risk for planning regime.

– Only competent practitioners should determine whether exceedence of C4Sl warrants concern, DQRA or Remediation.

Further technical considerations listed.

• Raising Standards Initiative

• Consultation on National Quality Mark Scheme

• NQMS – assurance that job done properly by competent person;

• Includes declaration by Suitably Qualified Person (SQP)

Competency

History•Business driven initiative•Supported by Govt.•LAs represented•Planners consulted•Initial draft presented Nov 2014

Competency - NQMS

Notes on the Detail•Purpose ‘to provide assurance to regulators and clients that the risks arising from land contamination have been adequately assessed and dealt with by competent people’.•Requires CLR11 good practice procedures•Signed off by SQP who ensures

– Underlying data in line with good practice and collected by QMS– Data processed and interpreted by competent person– Product of work is reasonable and inline with good practice procedures– Limitations clearly identified and consequences of this;

•Aim: ‘to ensure regulatory intervention under Planning and Part 2A regimes is avoided’ by the LA being able to rely on the report conclusions. •Change from initial draft

– Only high risk scrutinised on request (although discussion by group suggested otherwise) – now confirms any report can be called in.

Competency - NQMS

Suitably Qualified Person (SQP)•Chartered person bound by professional code of conduct;•Sufficient expertise in sector to have a good overview to attain regulatory sign off;•Capable of recognising own limitations and where other specialists are required;•Aware of requirements of relevant regulatory regime;•Bound by professional body to undertake CPD

SQP role;•Assess capability of team doing work;•Ensure key aspects of relevant reports are either checked/audited by SQP or verify key aspects signed off by delegated individuals with requisite level of capability within team•Ensure conclusions/recommendations are in line with the scheme in terms of accuracy and reasonableness•Sign a declaration form for each report to confirm compliance.

Competency - NQMS

- Considerations:

Land Forum suggested reasonably resourced authorities would not require the use of this but those with little or no staff would benefit.

- Argument for reduced funding if approve/promote use?- Courting Planning Officers Society and asking LGA to steer LPAs on

accepting NQMS (would there be an assumption on it being a substitute for CLO)

- Land Forum would like LPAs to produce a position statement on its use.

-Support mounting-Environment Agency-CIEH – promotion of SiLCs as SQP (supported by SAGTA and HBF)-SOBRA and others proposing training and competency frameworks

-Next-Comment on consultation (ends May 2015) online questionnaire-Consider a position statement but more importantly engage with Planning Departments so they understand the proposal and pitfalls.

Competency - NQMS

• 2014/15 £0.5 Million available (remediation only)

• Spent on one EA project where acute human health risk

• Defra have requested similar level of funding to be made available for 2015/16

Grants